Davies Musau Ndambuki v Toyota East Africa Limited [2014] KEELRC 469 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 469
- Citation
- [2014] KEELRC 469 (KLR)
- Decided
- 25 April 2014
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from the original trialCoramMATHEWS N. NDUMA
Holding
The termination of the Claimant's employment was justified and the claim for unlawful and unfair termination is dismissed.
Facts
Claimant Davies Musau Ndambuki was employed by Respondent Toyota East Africa Limited as a service manager on Grade J5B. The employment was terminated on grounds of poor management of staff. The Claimant alleged the termination was unlawful and unfair.
Issues
- Unlawful and unfair termination
- Payment of terminal benefits
- Provision of certificate of service
Reasoning
The Court found that the Respondent had discharged its onus under Section 37(5) of the Employment Act, as the improper treatment of subordinates amounted to improper performance of work.
Outcome
Claim dismissed, costs to be borne by the parties
Orders
- Payment of 1 month salary in lieu of notice
- 14 days salary in lieu of untaken leave
- Pension refund in accordance with the Rules of the Scheme
Authorities cited
Legislation (1)
- Employment Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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